Ordinance 2017-21 ORDINANCE NO. 17- 21
AN ORDINANCE AMENDING ORDINANCE 89-05 AS
AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF
COLLIER COUNTY FLORIDA, ADOPTING A COUNTY-
INITIATED AMENDMENT TO THE COLLIER COUNTY
GROWTH MANAGEMENT PLAN TO UPDATE AND CLARIFY
TEXT, SPECIFICALLY AMENDING THE CAPITAL
IMPROVEMENT ELEMENT; RECOMMENDING
TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. [PL20130002637/CPSP-2013-11]
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Community Planning Act, formerly the Florida Local Government Comprehensive Planning and
Land Development Regulation Act, was required to prepare and adopt a comprehensive plan;
and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan on January 10, 1989; and
WHEREAS, the Community Planning Act of 2011 provides authority for local
governments to amend their respective comprehensive plans and outlines certain procedures to
amend adopted comprehensive plans; and
WHEREAS, staff has prepared an amendment to the Capital Improvement Element of the
Growth Management Plan; and
WHEREAS, Collier County transmitted the Growth Management Plan amendment to the
Department of Economic Opportunity for preliminary review on December 21, 2016, after
public hearings before the Collier County Planning Commission and the Board of County
Commissioners; and
WHEREAS, the Department of Economic Opportunity reviewed the amendment to the
Growth Management Plan and transmitted its comments in writing to Collier County within the
time provided by law; and
WHEREAS, Collier County has 180 days from receipt of the Comments Report from the
Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed
amendment to the Growth Management Plan; and
WHEREAS, Collier County has gathered and considered additional information, data and
analysis supporting adoption of this amendment, including the following: the Collier County
Staff Report, the documents entitled Collier County Growth Management Plan Amendment and
[15-CMP-00954/1336391/1]419 Page 1
PL20130002637/CPSP-2013-11
5/2/17
other documents, testimony and information presented and made a part of the record at the public
hearings of the Collier County Planning Commission held on April 20, 2017, and the Collier
County Board of County Commissioners held on June 13, 2017; and
WHEREAS, all applicable substantive and procedural requirements of the law have been
met.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: ADOPTION OF AMENDMENT TO THE CAPITAL IMPROVEMENT
ELEMENT OF THE GROWTH MANAGEMENT PLAN
The amendment to the Capital Improvement Element of the Growth Management Plan,
attached hereto as Exhibit "A" and incorporated herein by reference, is hereby adopted in
accordance with Section 163.3184, Florida Statutes, and shall be transmitted to the Florida
Department of Economic Opportunity.
SECTION TWO: SEVERABILITY.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION THREE: EFFECTIVE DATE.
The effective date of this plan amendment, if the amendment is not timely challenged,
shall be 31 days after the state land planning agency notifies the local government that the plan
amendment package is complete. If timely challenged, this amendment shall become effective
on the date the state land planning agency or the Administration Commission enters a final order
determining this adopted amendment to be in compliance. No development orders, development
permits, or land uses dependent on this amendment may be issued or commenced before it has
become effective. If a final order of noncompliance is issued by the Administration Commission,
this amendment may nevertheless be made effective by adoption of a resolution affirming its
effective status, a copy of which resolution shall be sent to the state land planning agency.
[15-CMP-00954/1336391/1]419 Page 2
PL20130002637/CPSP-2013-11
5/2/17
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 12.,44 day of • a v1 J , 2017.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. B OCK `CLERK COLLI R TY, FLORIDA
®ij' i N� BY: / /4.IAd ..iii—, .1
Deputy C3er `1 PENN,' A YLOR, Orman
Attest as to Chairman
signature only
Appr ved as to form and legality:
..\
C.—)-jV '4----------- G
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A-Capital Improvement Element
This ordinance filed with the
Secretary of State's Office the
2O� %day of ,One- , -1-4:1-7--
and acknowledgement of that
filin• received this day
of ,
'fi
o.ou y I '1►
[15-CMP-00954/1336391/1]419 Page 3
PL20130002637/CP5P-2013-11
5/2/17
Staff Proposed GMP Amendments CAPITAL IMPROVEMENT ELEMENT—Adoption Final 6/13/17
PL20130002637/CPSP-2013-11
EXHIBIT "A"
CAPITAL IMPROVEMENT ELEMENT (CIE)
Update and make current the Table of Contents, along with corresponding titles, heading and other
entries-inside and between Elements-to maximize internal consistency.
Policy 1.1: [Revised text, page 2]
The County shall establish standards for levels of service (LOS)for public facilities, as follows:
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Policy 1.5:
The standards for levels of service of public facilities shall be as follows:
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D. County Potable Water Systems: [Revised text, page 6]
County Water District = 170 150 gallons per capita per day (gpcd)
E. County Sanitary Sewer-Wastewater Treatment Systems: [Revised text, page 7]
North Sewer Wastewater Treatment Service Area = 120 100 gallons per capita per day (qpcd)
South Sewer Wastewater Treatment Service Area = 100 gallons per capita per day (qpcd)
Southeast Sewer Service Area - 120 gallons per capita per day
Northeast Sewer Service Area - 120 gallons per capita per day
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Policy 4.1: [Revised text, page 10]
The County shall provide, or arrange for others to provide, the public facilities listed in the Schedule of
Capital Improvements. The Schedule of Capital Improvements shall be reviewed and updated annually
and may also be modified as follows:
A. -- - - -- — - - - , _ - - _ • _ , -- --- - - -- - - - - .._-
may be amended two times during any __ - __ _ , . 'e - _ _ _ _ -••- _- _ ,
B Pursuant to Florida Statutes, 163.3177, the Schedule of Capital Improvements may be adjusted
modified by ordinance not deemed to be an amendment to the Growth Management Plan fec
corrections, updates, and modifications concerning costs; revenue sources; or acceptance of
Policy 4.2: [Revised text, page 10]
By December 1 of each year, tThe County shall adopt, by reference, into its Capital Improvement
Element, the School District's annually updated financially feasible Five-Year Capital Improvement Plan
and the District Facilities Work Program in order to achieve and maintain the adopted level of service
standards for Public School Facilities. The School District Five-Year Capital Improvement Plan shall
identify identifies the financially feasible school facility capacity projects necessary to address existing
deficiencies and future needs based on achieving and maintaining adopted LOS standards for schools.
The District Facilities Work Program, prepared by the School District pursuant to Section 1013.35(1)(b),
F.S., shall-be is adopted as part of the data and analysis in support of the School District's Five-Year
Capital Improvement Plan. Adoption by the County, of the School District's Capital Improvement Plan
and the District Facilities Work Program shall occur, without requiring separate action, with approval of
the District School Board annual update to the Schedule of Capital Improvements of this o€-Collier
FINAL Words underlined are added;words struck through are deleted. 1
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Staff Proposed GMP Amendments CAPITAL IMPROVEMENT ELEMENT-Adoption Final 6/13/17
-e- • --e. _ • _ _ .•-- _ - Element. FY 15 34, approved on May 13, 2011; and, the District
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OBJECTIVE 5: (CONCURRENCY MANAGEMENT) [Revised text, page 12]
Ensure that public facilities, as described in Policy 1.1 above, and services needed to support
development are available concurrent with the impacts of such development through a Concurrency
Management System.
Policy 5.0:1: [Renumbered text only, page 12]
Policy 5.0:2: [Renumbered text only, page 12]
Policy 5.4 3: [Renumbered text only, page 12]
Policy 5.2 4: [Renumbered text only, page 12]
A. Compliance with any one of the standards set forth in Policy 54 5_3 A, B and C is met; or
Policy 5.3 5: [Renumbered text only, page 13]
Policy 5.4 6: [Renumbered text only, page 13]
Policy 5.5 7: [Renumbered text only, page 14]
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Policy 5.2 4: [Revised text, page 12]
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A. Compliance with any one of the standards set forth in Policy 54 5_3 A, B and C is met; or
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Policy 5.2 5: [Revised text, page 13]
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D. The necessary facilities and services are under construction or under contract pursuant to a
FDOT 5-Year Work Program and are consistent with the Collier County 2025 2040 Long Range
Needs Plan or the 2030 2040 Long Range Transportation Plan (LRTP), as adopted by the Collier
County Metropolitan Planning Organization (MPO); or
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Footnotes [Revised text, page 23]
These footnotes provide brief explanations of revenue sources and their acronyms found in the
Schedule of Capital Improvements, and where to find related supporting data & analysis.
1. Note: Impact Fee (IF) revenues are projected from actual historical revenue and current permitting
activity and forecasts. Impact fees and other sources may yield Interest (IN) revenues. Refer to
Appendix "I". Certain impact fees are referenced with direct connection to facility type, such as
Water Impact Fees (WIF) or Sewer Wastewater Impact Fees (SIF) and may be termed System
Development fees. Water and sewer impact fees are also projected based on population projections
prepared by the Comprehensive Planning Department Section. Deferred Impact Fees (DIF) may
generate revenue.
2. Note: Grant and Reimbursement (GR) revenues are based on project-specific funding
agreements with the State of Florida, South Florida Water Management District or other agency.
Refer to Appendix "I".
FINAL Words underlined are added;words struck-tthfeug4 are deleted. 2
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Staff Proposed GMP Amendments CAPITAL IMPROVEMENT ELEMENT—Adoption Final 6/13/17
3. Note: Developer Contribution Agreement (DCA) or advanced reimbursement revenues are based
on a project-specific agreement with an active developer doing business in Collier County.
4. Note: Certificate of Adequacy (COA) revenues are projected from historical revenue information.
5. Note: Gas Tax (GA) revenues are projected from historical revenue information. Gas taxes may
yield Interest(IN) revenues. Refer to Appendix "I"
6. Note: Ave Maria (AV) revenues are based on a project-specific Developer Contribution Agreement
(DCA) with Ave Maria Development, LLP. Refer to Appendix "I".
7. Note: Carry Forward (CF)Available Cash (AC) (also known as Carry Forward or Beginning Cash)
revenues are based on a combination of encumbered and unencumbered funds from prior years
that will continue to rollover until they are spent on projects or payment of debt service.
8. Note: Transfer(TR) revenue is money coming in from another fund, and is projected from historical
information. Value may be added through commitments and leases. Refer to Appendix "I".
9. Note: General Fund (GF)revenues are projected from historical revenue information. General Fund
(001) revenues derive principally from ad valorem taxes levied on properties Countywide,
intergovernmental revenues (i.e., Sales Tax and Revenue Sharing), charges for services, interest,
and transfers from other funds and Constitutional Officers. MSTU General Fund — Unincorporated
Areas Fund (111) revenues derive principally from ad valorem taxes levied on properties in the
unincorporated areas of the County, intergovernmental revenues (i.e., Communications Tax),
charges for services, interest, and transfers from other funds. Refer to Appendix "I".
10. Note: Revenue Rescrvc Reduction (RR) revenues are based on a percentage of total new revenue.,
as required by law, Chapter 129, Florida Statutes. Refer to Appendix "I".
11. Note: Revenue Bond Financing (B) or Bond Proceeds (revenue) are usually received as a lump
sum but occasionally can be received in installments, and are not based on historical revenues. In
some instances, this item is actually shown as an expense for bond debt service payments, and in
other instances, this item shows bond revenue proceeds. Revenue bond covenants and
commercial paper documentation are voluminous and do not appear in support documents. The
pertinent information is however provided in the Consulting Engineering and Financial Feasibility
Report, dated October 25, 2006, and appears in Appendix "I".
12. Note: Capital Account (CA) revenues are projected based on the capital projects spending needs.
Refer to Appendix"I". Certain capital accounts are referenced with direct connection to facility type,
such as Water Capital Accounts (WCA) and Sewer Wastewater Capital Accounts (SCA).
13. Note: User Fee (UF) revenues are projected from historical revenue information. Refer to Appendix
"I". Certain user fees are referenced with direct connection to the user under contract, such as
Landfill Tipping Fees (LTF).
14. Note: Community Redevelopment Area (CRA) or Municipal Service Taxing Unit (MSTU) revenues
are projected from historical revenue information.
15. Note: State Revolving Fund Loan (SRF) revenues are received in installments during the course of
a project. Refer to Appendix "I".
16. Note: Commercial Paper (LOC) or local financial institution loan revenue is short-term borrowing
usually meant for funding projects underway until such time another funding source is received.
These revenues may derive from obligated return on additional senior liens. Commercial paper
documentation and revenue bond covenants are voluminous and do not appear in support
documents. The pertinent information is however provided in the Consulting Engineering and
Financial Feasibility Report, dated October 25, 2006, and appears in Appendix "I".
FINAL Words underlined are added;words struck through are deleted. 3
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Staff Proposed GMP Amendments CAPITAL IMPROVEMENT ELEMENT—Adoption Final 6/13/17
17. Note: Rate Revenue (REV) revenues are based on historical revenue information combined with
the projection of volume change and revenue requirement projections. Refer to Appendix "I".
18. Note: Additional Roll Forward (ARF) revenues are cash reserves intended for, but previously
unspent on, future projects or payment of debt service.
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V. PROGRAMS TO ENSURE IMPLEMENTATION [Revised text, page 26]
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6.C. ... the requirements of Policies 5.4 3, 5.2 4, 5.3 5 and 5.4 6 of this Element.
PLEASE NOTE: Approval of amendments to this Element is intended to confer the Board's consent to
make similar and related changes in references or cross-references to Objectives, Policies and other
formal terms where re-formatting creates new or re-numbers Objectives, Policies and terms, wherever
they appear—within and between Elements—as appropriate to maximize internal consistency. Approval
is also intended to confer the Board's consent to make similar and related changes to un-adopted
portions of the document.
FINAL Words underlined are added;words struck through are deleted. 4
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Ia(D"'.al.r
FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
June 20, 2017
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara, Deputy Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 17-21, which was filed in this office on June 20, 2017.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us